Guest Agreement & Liability Release

 

GUEST & VISITOR RULES, NOTICES & DISCLOSURE STATEMENTS

This notice and all rules and disclaimers outlined in this document apply to all visitors of the studio. The term “member”, “customer”, “guest” are used interchangeably for purposes of this document and refer to any person(s) accessing the studio and/or using services, equipment and facility in any capacity.

Member, Guest & Visitor Rules

Member may use at his/her own risk, all equipment available according to the membership type purchased or as outlined with any complimentary services, complimentary access offered. By signing this document, visitor agrees to abide by all HOTWORX rules, policies and regulations now in effect or to become effective at any future date. All rules, regulations and services are subject to change without notice. Drugs and alcohol on premises are strictly prohibited. Horseplay and any disruptive conduct including use of profanities is not allowed. Damage to or tampering with any equipment including saunas, televisions, computers and other property is strictly prohibited. Violation of HOTWORX rules may result in membership termination. See posted notices for more information.

Cleanliness and Conduct: Suitable, presentable and clean clothing in good repair is to be worn by Member at Member’s own expense. Members wearing clothing deemed inappropriate by management may be asked to leave the facilities. Members should conduct themselves in such a manner that will prevent the Studio from being damaged; its cleanliness being diminished; will not bring undue attention to themselves with loud grunting or noises, or in any way interfere with the positive environment of the studio or with the attitude of promoting health in the facilities. Negative attitudes, threats, verbal and physical fighting, disruptive or threatening conduct will not be tolerated. Unauthorized outside business solicitation will not be tolerated in/or on the premises. Sexual harassment of any type will not be tolerated. These behaviors may subject user and Member to civil and/or criminal penalties and may result in termination of membership. Rental mats, towels, foam rollers and any other non personal belongings should not be removed from the studio at any time.  Members should use provided cleaning supplies to wipe down cycles, rowers, benches and all other equipment after each use.  

 Courtesy: To promote safety and more time efficient exercise programs, remember to return all rollers, mats towels, bands or other functional training tools to designated areas. During high-traffic workout hours, be sure to adhere to posted appointment times and policies so as not to interfere with other member workouts. This includes but is not limited to opening and closing of HOTWORX doors during sessions, adjusting temperature away from optimal setting of 125 when in a group, adjusting volume of workout and may include joining sessions with other members to help staff to accommodate other member and guest appointments and to enhance the spirit of group exercise and teamwork.

Guest Privileges: Sweat HERE & Everywhere Members may bring a guest(s) for visits and/or trials which shall include use of all the Studio facilities once they have registered with the staff, provided photo ID and completed necessary documentation. Sweat HERE & EVERYWHERE Members may bring as many guests as they like for any one visit; however, a particular guest may come no more than three times total and not more than one time in one month. All guests must be at least 18 years of age unless a signed consent by legal guardian has been provided. Guests are never allowed to enter the facility during non-staffed hours. Guests may not enter the facility at any time when staff is not present regardless of the member having access to allow entry. Guests must always check in with front desk staff before using any services. Guest passes are available and will be provided to all members to distribute to friends, family and other guests to use if they choose to visit the studio unaccompanied by an active member for a one-time VIP session.  It is highly suggested that members contact the studio to schedule guest appointments at least 24 hours ahead of the visit to ensure availability for the guest to do a HOTWORX workout. Guest workouts and complimentatary sessions are subject to availability.  

VISITOR LIABILITY: RELEASE OF LIABILITY FOR PERSONAL INJURIES AND FOR PERSONAL LOSS OF PROPERTY AT THE STUDIO.  HEATED SERVICE & INFRARED EXPOSURE NOTICES AND CONSENT AGREEMENT.

Member and or guest(s) expressly agrees that all use of the HOTWORX facilities and equipment shall be at the member’s sole risk. The ownership nor staff shall not be liable to member and member shall hold harmless ownership and staff from and against any and all claims, suits, or demands, including, but not limited to those for bodily injury, illness, disease, or death sustained by member and/or its guest(s) or property loss or damage of member and / or its guest(s), arising out of or in any way connected with the services and access to the facility provided by ownership or staff, regardless of whether or not any such claim, suit or demand shall arise in whole or in part from the sole or concurrent negligence, omission, or fault of any member of ownership or staff, or strict liability or product liability. The ownership nor staff shall not be responsible or liable to member and/or its guest(s) for articles lost or stolen in the studio or for loss or damage to any other guest(s), including wallets, keys, jewelry, automobile, and the like. Member assumes full responsibility for any injuries, damages, or loss which may occur to Member or his/her guest(s) and forever releases HOTWORX Franchising LLC, and their owners, directors, officers, agents, employees, insurers, successors, assigns, parents, subsidiaries and affiliated companies, guests, and invitees from liability, claims, suits. Member acknowledges his/her duty to exercise ordinary care for the protection of himself and other members while using the premises. The Member assumes the risk of physical activity with his/her own physical condition and acknowledges that he has received advice from his/her doctor that he is capable of such physical exercise or that he will seek such advice or that he assumes the risk of proceeding without such advice. Buyer acknowledges that no representation has been made regarding qualification of staff, facilities or services, or results to be obtained by use of the same.

Statement of Health: Member warrants that he/she is in good health and that he/she has no condition, which could be aggravated or worsened by usage of HOTWORX facilities. Further, Member warrants that should he/she develop a health condition which could be aggravated by usage of HOTWORX facilities, that he/she will immediately notify management in writing of such conditions.

Staffed & Non-Staffed Hours: HOTWORX is a 24-hour access studio. Staffed hours shall be subject to change at the sole discretion of the Studio. Member has agreed to purchase a membership that allows access to the facility during both staffed and non-staffed hours. As such, Member is aware that there will be no supervision and/or assistance during non-staffed hours. Member is also aware that if he/she is injured, becomes unconscious, suffers a stroke or heart attack that there will likely be no one to respond to the emergency and this facility has no duty to provide assistance. Even though this facility is equipped with surveillance cameras and a ‘panic –button’/lanyard, it is likely that should the Member require immediate assistance, none will be provided. The Studio HIGHLY recommends that Members have a workout partner accompany them while at the Studio, but it is up the Members discretion. It is further advised that members use monitored panic button/lanyard devices if and when available, when they are in the facility during non-staffed hours.

HEATED SERVICE NOTICES, DISCLOSURES & RELEASES:

Always follow manufacturers warnings and directions for use, which can be provided, by the staff upon request and/or posted in the studio. Exercising in hot temperatures can put stress on the cardiovascular system. Therefore, hot exercise programs are not recommended for: 1. Individuals with chronic disease or who have suffered heat strokes or heat stress in the past, history of dizziness, fainting spells, narcolepsy, and/or history of seizures. 2. Individuals with cardiovascular disease, including aneurism, angina, atherosclerosis, congenital heart disease, high blood pressure, history of stroke, etc. 3. Individuals who have alcohol or stimulant drugs in their systems (e.g. amphetamines, cocaine, etc.) 4. Children, pregnant or nursing women or individuals with heat sensitive conditions: the safety of this technology for use by children, pregnant women and clients with heat sensitive conditions has not been confirmed. Some prescription medications like cardiac drugs, beta-blockers and anticholinergic or antimuscarinics medications (prescribed for Parkinson’s Disease or to reduce the side effects of certain anti-psychotic drugs) may interfere with the body’s heat loss mechanisms, making those who use them more susceptible to heat illness and impairing the participant’s ability to endure the rigors of the program. If you have any of the conditions described hereinbefore then you must provide the studio staff with a letter from your General Physician (on their letterhead with his name signed and printed) which letter must certify that the Physician understands the rigors of the program and that the Physician certifies you are physically fit to perform and engage in all aspects of the program and he/she provides their medical consent to your participation. Pregnant women, elderly people and those with hyper/hypotension must seek the advice of their physician before commencing or continuing with these programs. IF YOU ARE ON PRESCRIBED MEDICATION or if in any situation the following symptoms occur, heated service use must be discontinued: 1. a feeling of sudden and severe fatigue 2. nausea and/or dizziness 3. lightheadedness or fainting 4. a cessation of sweating accompanied by dry, hot skin 5. a period of inexplicable irritability, malaise, or flu-like symptoms.

PARENTAL/GUARDIAN CONSENT FOR MINORS:

For clients under age 18 whom wish to use HOTWORX services, a parent/legal guardian is required to sign this consent prior to using this facility and its services. As parent/legal guardian of the above assigned minor, I hereby grant permission for said minor to use HOTWORX services at this facility. I attest that I am the parent/legal guardian of said minor and attest to the age of the minor. I have carefully read, understood, and ensured all questions in this form have been answered to the best of my ability and I acknowledged and agreed to the above listed statements and hereby agree that said minor and I will abide by all warnings and instructions.  I further understand that I am financially responsible for the minor and all related costs that may result from the minors use of the faciliy.  I understand that I am responsible for the actions and results of the actions of the minor when they are using this facility and that the facility nor its owners nor staff are providing supervision of the minor.  I understand that minors between 12 and 15 years of age must be accompanied by a legal guardian at all times when accessing the facility and that the guardian must be a paying member.  I understand that minors between 16 and 17 years of age are permitted to access the facility without a legal guardian and are provided with 24/7 access as part of their membership terms with my consent to rules and liability waivers.  I understand that violation to these and all other listed rules and notices will result in the termination of the membership.